Shaver v. Commodity Futures Trading Commission , 225 F. App'x 617 ( 2007 )

MEMORANDUM ^**

Michael Shaver (“Shaver”), a commodities futures broker, appeals from a final order of the Commodity Futures Trading Commission (“CFTC”). 7 U.S.C. §§ 9, 21(i)(4) (2000). The CFTC summarily affirmed and adopted a decision by the National Futures Association (“NFA”), which stated that Shaver engaged in fraudulent customer communications in violation of NFA Compliance Rules 2-2(a) and 2-29(a)(1).

The NFA’s decision that Shaver engaged in fraudulent customer communications in violation of Compliance Rules 2-2(a) and 2-29(a)(l) is supported by the weight of the evidence. Morris v. CFTC, 980 F.2d 1289,1292 (9th Cir.1992).

Similarly, the NFA’s decision to sanction Shaver with a $2,000 fíne and a 2-year tape recording requirement was not an abuse of discretion. Premex, Inc. v. CFTC, 785 F.2d 1403, 1408 (9th Cir.1986).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.